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Category: NJ – Federal Pleading Inadequate

NJ - Attorney's Fees

NO FIRST PARTY PROPERTY LOSS BAD FAITH ALLEGED UNDER NEW JERSEY LAW, AND NO CLAIMS ADEQUATELY PLED FOR BREACH OF FIDUCIARY DUTY, CFA VIOLATIONS, PUNITIVE DAMAGES OR ATTORNEY’S FEES (New Jersey Federal)

Posted on December 29, 2021 by PA Bad Faith Blog
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“Where breach of the implied covenant of good faith and fair dealing claims lack a distinct factual predicate, courts may dismiss them at the motion…

NJ - Consumer Fraud Act

IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING COUNT DUPLICATIVE OF BREACH OF CONTRACT COUNT; NO CFA CLAIM FOR BENEFIT DENIAL (New Jersey Federal)

Posted on October 6, 2021 by PA Bad Faith Blog
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In this property damage insurance coverage case, the insured brought claims for breach of contract, breach of the implied covenant of good faith and fair…

NJ - Federal Pleading Inadequate

IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING CLAIM DISMISSED BECAUSE IT DUPLICATED BREACH OF CONTRACT CLAIM (New Jersey Federal)

Posted on February 8, 2021 by PA Bad Faith Blog
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The court denied a motion to dismiss the insured’s breach of insurance contract claim, pleaded on a third party beneficiary basis. New Jersey Federal Judge…

NJ - Claims Handling (reasonable)

NO BAD FAITH IN BRINGING INTERPLEADER ACTION (New Jersey Federal)

Posted on January 20, 2021 by PA Bad Faith Blog
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The husband-beneficiary of his wife’s life insurance policy brought breach of contract, bad faith, and unfair trade practices counterclaims against an insurer for interpleading the…

NJ - Consumer Fraud Act

A CLEAR DISPUTE OF FACT OVER COVERAGE DENIAL PRECLUDES BAD FAITH (New Jersey Federal)

Posted on December 3, 2020 by PA Bad Faith Blog
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This case involves a water loss coverage dispute. The factual issue is whether the cause of loss was from a specific event or a leak…

NJ - Claims Handling (general)

NEW JERSEY COURT DISMISSES BREACH OF CONTRACT, BAD FAITH, FRAUD, AND UNFAIR CLAIM SETTLEMENT PRACTICES ACT COUNTS WITHOUT PREJUDICE, AND GIVES AN OPPORTUNITY TO AMEND (New Jersey Federal)

Posted on September 10, 2020September 11, 2020 by PA Bad Faith Blog
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A pro se plaintiff brought a barrage of claims against its commercial general liability insurer, among others. He alleges water damage to the insured’s work…

NJ - Federal Pleading Inadequate

PUNITIVE DAMAGES NOT PERMITTED ABSENT A SPECIAL RELATIONSHIP OR AGGRAVATED CIRCUMSTANCES; FIRST PARTY INSURANCE CLAIMS DO NO CREATE A FIDUCIARY RELATIONSHIP (New Jersey Federal)

Posted on June 27, 2019 by PA Bad Faith Blog
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The insured disputed the sum the insurer was willing to pay for property damage. She brought claims for breach of contract and breach of the…

NJ - Coverage Issues

TWO NEW JERSEY CASES FINDING NO BAD FAITH: (1) NO BAD FAITH WHERE NO COVERAGE IS DUE (New Jersey Superior Court Appellate Division); (2) NO PLAUSIBLE BAD FAITH CLAIM PLEADED UNDER NEW JERSEY LAW (New Jersey Federal)

Posted on June 4, 2019 by PA Bad Faith Blog
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Bad faith claims failed in two recent New Jersey cases, one in the Superior Court’s Appellate Division, and the other after removal to federal court. Case…

NJ - Consumer Fraud Act

NO SEPARATE CLAIM FOR BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING IF IDENTICAL TO BREACH OF CONTRACT CLAIM (New Jersey Federal)

Posted on March 21, 2019March 27, 2019 by PA Bad Faith Blog
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This New Jersey federal case involved allegations the insurer underpaid benefits without adequate explanation, and without considering payments required under state law. The case eventually…

NJ - Coverage Issues

JUNE 2018 BAD FAITH CASES: WHEN INSURER PROPERLY PAYS WHAT IS DUE UNDER POLICY LANGUAGE, BAD FAITH CLAIM NOT PLAUSIBLE (District of New Jersey)

Posted on June 11, 2018November 13, 2018 by PA Bad Faith Blog
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The insureds’ water heater leaked resulting in $8,654 in water damage and $66,415 in mold damage. The insurer paid the $8,654, but only paid $10,000…

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Categories:

  • Covid-19 (19)
  • NJ – Agents and Administrators (19)
  • NJ – Attorney Client Privilege (8)
  • NJ – Attorney's Fees (29)
  • NJ – Bifurcate/Sever & Stays (23)
  • NJ – Choice/Conflict of Law (3)
  • NJ – Claims Handling (general) (37)
  • NJ – Claims Handling (reasonable) (21)
  • NJ – Claims Handling (unreasonable) (15)
  • NJ – Conflict of interest (1)
  • NJ – Consumer Fraud Act (20)
  • NJ – Cooperation with insurer (3)
  • NJ – Coverage Issues (67)
  • NJ – Damages (2)
  • NJ – Declaratory Judgment (12)
  • NJ – Delay (Insured) (5)
  • NJ – Delay (Investigation/Claims handling) (14)
  • NJ – Delay (Payment) (6)
  • NJ – Discovery and Evidence (22)
  • NJ – ERISA Preemption (7)
  • NJ – Estimates, Valuation or Appraisal (11)
  • NJ – Excess Insurers (1)
  • NJ – Experts (13)
  • NJ – Federal Pleading Adequate (12)
  • NJ – Federal Pleading Inadequate (20)
  • NJ – General Bad Faith and Litigation Issues (48)
  • NJ – Insurance Fair Conduct Act (2)
  • NJ – ITPA and UCSPA (19)
  • NJ – Law unsettled (7)
  • NJ – Limitations Period (5)
  • NJ – Litigation Conduct (2)
  • NJ – Negligence not bad faith (15)
  • NJ – No coverage due, no bad faith (34)
  • NJ – No covereage duty, possible bad faith (2)
  • NJ – Procedural Issues (45)
  • NJ – Punitive Damages (16)
  • NJ – Reinsurance (1)
  • NJ – Removal & Remand (3)
  • NJ – Rescission (12)
  • NJ – Reservation of Rights (5)
  • NJ – Reverse Bad Faith (39)
  • NJ – Settlement related issues (27)
  • NJ – Standing, Assignment or Outside Scope (12)
  • NJ – Sureties (3)
  • NJ – Sworn Statement/EUO (3)
  • NJ – UIM/UM Cases (18)
  • NJ – Work Product (5)
  • PA – Agents and Administrators (48)
  • PA – Attorney Client Privilege (51)
  • PA – Attorney's Fees (62)
  • PA – Bifurcate/Sever & Stays (65)
  • PA – Choice/Conflict of Law (24)
  • PA – Claims Handling (general) (167)
  • PA – Claims Handling (reasonable) (198)
  • PA – Claims Handling (unreasonable) (135)
  • PA – Common Law Bad Faith (contractual or fiduciary basis) (159)
  • PA – Communication with insured (74)
  • PA – Conflict of Interest (10)
  • PA – Cooperation with insurer (25)
  • PA – Coverage Issues (223)
  • PA – Damages (17)
  • PA – Declaratory Judgment (39)
  • PA – Delay (Insured) (41)
  • PA – Delay (Investigation/Claims handling) (136)
  • PA – Delay (Payment) (72)
  • PA – Discovery and Evidence (188)
  • PA – ERISA Preemption (34)
  • PA – Estimates, Valuation or Appraisal (141)
  • PA – Experts (116)
  • PA – Federal Pleading Adequate (126)
  • PA – Federal Pleading Inadequate (169)
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  • PA – Sureties (11)
  • PA – Sworn Statement/EUO (33)
  • PA – UIM/UM Cases (390)
  • PA – UIPA & UCSP (86)
  • PA – Underwriting (14)
  • PA – UTPCPL (53)
  • PA – Venue (15)
  • PA – Who is an Insurer? (32)
  • PA – Work Product (41)

Links of Note

  • Advice of Counsel Discovery (Dec. 2012)
  • Article: What is the Nature and Scope of the "Bad Faith" Conduct that can be Remedied Directly Under the Bad Faith Statute (2014)
  • Business Courts Blog
  • Fineman Krekstein & Harris, Philadelphia Insurance Bad Faith and Coverage Lawyers
  • New Jersey Fraud Prevention Act
  • NJ Unfair Insurance Practices Statute
  • Pennsylvania Insurance Fraud Statute
  • Post Koken Scorecard in UM/UIM Cases – Tort Talk (Pennsylvania Tort Law Blog)
  • Searching on this Blog
  • Toy v Metropolitan
  • Unfair Claims Settlement Practices Law
  • Unfair Claims Settlement Practices Regs

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